Davis v. Standford et al
Filing
33
ORDER directing the Plaintiff to file within 30 days, a Response to 29 MOTION for Partial Summary Judgment filed by Marcus Wilkerson; Plaintiff is reminded that if he fails to timely do so, his claims against Defendant Wilkerson will be dismissed, without prejudice, pursuant to Local Rule 5.5(c)(2). Signed by Magistrate Judge J. Thomas Ray on 09/16/2014. (kcs)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
BRENT LAVON DAVIS,
ADC #149851
V.
PLAINTIFF
1:14CV00046 DPM/JTR
RHONDA STANDFORD,
Nurse, Grimes Unit, ADC, et al.
DEFENDANTS
ORDER
Separate Defendant Marcus Wilkerson has filed a Motion for Summary
Judgment on the issue of exhaustion, a Brief in Support, and a Statement of
Undisputed Facts. Docs. 29, 30, & 31. Plaintiff must respond to that Motion.
At the summary judgment stage, a plaintiff cannot rest upon mere allegations
and, instead, must meet proof with proof. See Fed. R. Civ. P. 56(e). This means that
Plaintiff’s Response must include his legal arguments, as well as affidavits,1 prison
records, or other evidence establishing that there is a genuine issue of material fact
that must be resolved at a hearing or trial.
Furthermore, pursuant to Local Rule 56.1, Plaintiff must also separately file a
Statement of Disputed Facts, which lists: (a) any disagreement he has with the
1
The affidavit must be based upon the personal knowledge of the person executing the
affidavit and must be either: (1) sworn and subscribed to by a notary public; or (2) executed under
penalty of perjury, as provided for by 28 U.S.C. § 1746.
specifically numbered factual assertions in Defendant Wilkerson's Statement of
Undisputed Facts (Doc. 30); and (b) any other disputed facts that he believes must be
resolved at a hearing or trial.2
Finally, Plaintiff is advised that if he intends to rely on documents that have
been previously filed in the record, he must specifically refer to those documents by
docket number, page, date, and heading. The Court will not sift through the file to
find support for Plaintiff’s factual contentions. See Crossley v. Georgia-Pacific,
Corp., 355 F.3d 1112, 1113-14 (8th Cir. 2004) (affirming the grant of summary
judgment because a plaintiff failed to properly refer to specific pages of the record that
supported his position).
IT IS THEREFORE ORDERED THAT:
1.
Plaintiff must file, within thirty days of the entry of this Order, a
Response to Defendant Wilkerson's Motion for Summary Judgment and a separate
Statement of Disputed Facts that comply with the Fed. R. Civ. P. 56, Local Rule 56.1,
and the instructions set forth in this Order.
2.
Plaintiff is advised that the failure to timely and properly comply with
this Order will result in: (a) all of the facts in Defendants’ summary judgment papers
2
If Plaintiff disputes any of the facts in Defendant Wilkerson's Statement of Undisputed
Facts, he must identify each numbered paragraph that contains the facts he disputes and, for each
paragraph, explain why he disputes those facts.
-2-
being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c); or (b) the
dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2).
IT IS THEREFORE ORDERED THAT:
1.
Plaintiff must file, within thirty days of the entry of this Order, a
Response to Defendant Wilkerson's Motion for Summary Judgment (Doc. 29).
2.
Plaintiff is reminded that, if he fails to timely do so, his claims against
Defendant Wilkerson will be dismissed, without prejudice, pursuant to Local Rule
5.5(c)(2).
Dated this 16th day of September, 2014.
____________________________________
UNITED STATES MAGISTRATE JUDGE
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?